only possible if a
Minister is able to depend upon
summaries and advice which he receives from his officials.
The Representations themselves were extremely clear, the
extracts of the judgments given in respect of Mr. Osman's
previous
applications
explained why his previous
applications were unsuccessful and the issue which the Home
Secretary had finally to determine was capable of being
regarded as a stark one between the respective approaches
to Mr. Osman's present situation indicated at the outset of
this judgment. Mr. Osman contends that an examination of
the material available now indicates that he has a complete
defence to the criminal charges which are being brought
against him by the Hong Kong Government. However, his
allegations, and in particular those alleging bad faith
cannot be determined on the material on which he seeks to
rely but can only be determined at a trial. At best that
material does no more than indicate that there is evidence
available which provides some support for Mr. Osman's
contention. Subject to the answers to the specific issues
15